Ninth Circuit hears arguments on Arizona immigration law

A three-judge panel of US Court of Appeals for the Ninth Circuit [official website] heard oral arguments Monday on Arizona's controversial immigration law [SB 1070 materials, JURIST news archive]. The US Department of Justice (DOJ) [official website] has argued that parts of the law are unconstitutional while others are preempted by federal law. John Bouma, representing Arizona and Arizona Governor Jan Brewer (R) [official website], argued that the state is on the front line of human and drug trafficking from Mexico, and the law is meant to assist with the enforcement and implementation of federal immigration law when the federal government is either "unable or unwilling to solve the problem." Representing the federal government, Edwin Kneedler argued that allowing states to create immigration laws could create a patchwork system and potentially harm foreign relations.

Brewer attended the proceedings [NYT report] to support Arizona's law on the day before her bid seeking re-election. Polls show that she is comfortably ahead. Brewer defended [press release] Arizona's position on her website:

With a federal government that cannot or will not do its job, Arizona determined that Arizona law enforcement officers would assist in the enforcement of federal immigration laws to the full extent permitted by federal law. The District Court applied the wrong legal standard of review and issued a preliminary injunction that preserves the status quo - a status quo that is unacceptable to the people lawfully present in Arizona, many whose lives are affected on a daily basis.

Regardless of the Ninth Circuit's ruling, the case is expected to be appealed to the Supreme Court.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.